Five senators filed a resolution on Tuesday, declaring that the Senate cannot provide “protective custody” or sanctuary to Senator Ronald Dela Rosa and urging him to submit to lawful judicial processes.

Senate Resolution No. 395, filed by Senators Francis Pangilinan, Vicente Sotto III, Panfilo Lacson, Risa Hontiveros, and Paolo Benigno Aquino IV, called on Dela Rosa to “voluntarily surrender to the proper authorities and seek judicial remedies in accordance with the Constitution and applicable laws and rules.”

The measure appeared to counter earlier moves invoking Senate Resolution No. 44, which had been cited as basis for placing Dela Rosa under Senate “protective custody” while he pursues legal remedies over International Criminal Court-related proceedings.

It stressed that while the constitution grants limited parliamentary immunity to senators and members of the House of Representatives, it “does not authorize the Senate to provide sanctuary, immunity from arrest or so-called ‘protective custody’ to any member beyond the constitutionally recognized parliamentary immunities expressly provided therein.”

The resolution emphasized that neither the constitution nor Senate rules contain any provision allowing the chamber to grant “institutional refuge” or immunity from lawful arrest and surrender processes.

The senators said adherence to lawful processes and voluntary submission to judicial authority “strengthen democratic institutions, reinforce constitutional accountability and uphold the principle that no public official is above the law.”

The resolution cited Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which vests jurisdiction over such offenses in designated courts.

It also referenced previous cases involving lawmakers and former officials who underwent judicial proceedings, including former Senator Juan Ponce Enrile, former senator and now ML Party-list Rep. Leila de Lima and former senator Antonio Trillanes IV.

The resolution further affirmed the Senate’s commitment to the Constitution, the rule of law, and equal accountability for public officials “regardless of rank or position.” (PNA)